I was pulled over a little less than a month ago for no headlights on a bright street (honest mistake, realized and turned on just before red and blues), and ended up with a DUI blowing a .13 BAC.
Now, I'm not sure how far technicalities can stretch...but the officer caused me a lot of confusion. He changed the printed time for my arraignment, resulting in a bench warrant for the 5 hours I'd "failed to appear" from the time that was submitted to the court (not the same as my citation that was scratched out and changed), which I had quashed immediately.
Are the officer's actions considered misconduct in accordance with statue 28-1558, and would this be considered grounds for dismissal?
Hi. I am a criminal defense attorney licensed in Arizona. However, Ms. Missimer, in my view, hit the nail on the head to use an old cliche. That error is likely not to change the outcome. An attorney can examine whether the stop was indeed appropriate, whether the intox machine's calibration records are up to date and accurate, whether the readings and deprivation periods were all in compliance with state laws and statutes, whether a trial will help, etc. Good luck.
I am an Arizona DUI lawyer. The Statute you refer to is what is called "procedural". That just means that in order for the case to properly get started, the cop must file the ticket and copies with the right court. This may however, demonstrate that the cop is proned to mistakes. If it is a breath case, then the same cop that stopped you gave you the test. There is protocal that he must follow to render it admissible. Also, if it is a breath test, it is very fightable. There was no bad driving and that helps your case. Remember, Arizona has the absolute toughest DUI laws in the country! Call if I can help.
I do not practice in AZ, but I may offer some general advice. These are generally not the type of errors that result in a dismissal. A skilled criminal defense attorney could use this situation to cross-examine the officer and get the jury or judge to doubt the officer's credibility. But, this error has no bearing on whether you were operating a motor vehicle or under the influene of an intoxicant at the time. Thus, the error is not grounds for dismissal.
I also doubt the officer's actions would comport with the definition of misconduct you provided.
You may have other defenses that you have not considered. If you have not done so already, I strongly urge you to consult with a local, experienced DUI defense attorney. You may find such an attorney through the National College for DUI Defense: www.ncdd.com. Most initial consultations are free. So, you have nothing to lose at first.
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